OnYourMark(et) Terms & Conditions

Ownership and Operation Disclosure

OnYourMark(et) is a product owned, operated, and powered by The Pedowitz Group. All references to “OnYourMark(et)" in these terms and conditions should be understood as referencing the product and services provided by The Pedowitz Group.

Intellectual Property Rights

Ownership Clauses Regarding OnYourMark(et)'s IP

OnYourMark(et) retains exclusive ownership of all its intellectual property, including trademarks, copyrights, and patents. This means that all the IP created, acquired, or licensed by OnYourMark(et) remains under its sole control and cannot be claimed by any other entity. Exclusive ownership ensures that OnYourMark(et) can fully leverage its intellectual assets for competitive advantage, preventing unauthorized use and protecting the company’s investment in innovation and brand development.

Members acknowledge that they do not acquire any ownership rights by using the OnYourMark(et) platform. When members access or interact with the platform, they are granted limited rights to use OnYourMark(et)'s IP as specified in the terms of use, but these rights do not extend to ownership. This clause safeguards OnYourMark(et)'s intellectual property by clearly delineating the boundaries of user rights and preventing any misunderstandings regarding ownership.

Permitted and Prohibited Use of IP by Members

Permitted Use

Members are allowed to use OnYourMark(et)'s intellectual property solely for personal, non-commercial purposes in a manner consistent with the terms of use. This means that members can interact with and enjoy the content, services, and features provided by OnYourMark(et) as long as their activities comply with the agreed-upon guidelines. Permitted uses might include reading articles, viewing images, or utilizing software features for personal enjoyment or learning, but not for any activities that generate income or commercial benefit. Members are allowed to download templates provided by OnYourMark(et) for their personal and professional use in daily activities. These templates can be utilized as-is or adapted to fit the specific needs of the user, provided they adhere to the terms outlined below.

Prohibited Use

Users are strictly prohibited from reproducing, distributing, modifying, or creating derivative works based on OnYourMark(et)'s intellectual property without explicit written consent. Creating derivative works based on OnYourMark(et)'s intellectual property for commercial purposes. Using OnYourMark(et)'s intellectual property in any manner that suggests endorsement or affiliation without authorization. Altering software code or any digital content for resale or redistribution. This prohibition covers a wide range of activities that could infringe on OnYourMark(et)'s rights, such as copying content for a blog, altering software code for resale, or using logos for unauthorized merchandising. By restricting these actions, OnYourMark(et) ensures that its IP remains protected from misuse and maintains its value.

Enforcement and Protection Measures

OnYourMark(et) actively monitors the use of its intellectual property to prevent unauthorized use or infringement. This involves regular oversight of various platforms and channels where its IP might be used, such as websites, social media, and other digital or physical media. By keeping a vigilant eye on potential infringements, OnYourMark(et) can quickly identify and address violations, thus maintaining the integrity and exclusivity of its intellectual assets.

Legal action may be pursued against any entity or individual engaged in the unauthorized use of OnYourMark(et)'s intellectual property. When infringements are detected, OnYourMark(et) is prepared to take necessary legal steps to protect its rights. This can include filing lawsuits, seeking injunctions, and demanding financial compensation for damages. By enforcing its IP rights through legal means, OnYourMark(et) deters potential infringers and upholds the value of its intellectual property.

Procedure for Addressing IP Infringement

If intellectual property infringement is identified, OnYourMark(et) will issue a cease-and-desist letter to the offending party. This letter serves as a formal notice that the identified actions are infringing on OnYourMark(et)’s IP rights and must be stopped immediately. The cease-and-desist letter typically outlines the nature of the infringement, the specific IP rights being violated, and the required actions to remedy the situation. It acts as a preliminary step to resolve the issue without resorting to litigation.

Continued infringement will result in legal proceedings, including claims for damages and injunctions to halt further violations. If the infringing party does not comply with the cease-and-desist order, OnYourMark(et) will escalate the matter to formal legal action. This may involve filing a lawsuit to seek monetary compensation for any losses incurred and requesting court orders to prevent further infringements. Legal proceedings ensure that OnYourMark(et)'s IP rights are rigorously defended and that violators are held accountable.

User Contributions and IP Rights

Any content submitted by members that can be classified as intellectual property becomes the property of OnYourMark(et) upon submission. This includes contributions such as written articles, software code, images, and other creative works provided by members. By submitting content, members transfer ownership rights to OnYourMark(et), allowing the company to utilize these contributions as part of its offerings and services. This transfer of ownership ensures that OnYourMark(et) can manage, protect, and benefit from all IP associated with its platform.

Members grant OnYourMark(et) a perpetual, irrevocable license to use, modify, and distribute user-contributed content as part of its services. This means that even though members retain some rights to their content, OnYourMark(et) is granted broad and enduring permissions to incorporate these contributions into its business operations. This license allows OnYourMark(et) to modify user content to fit its needs, distribute it across various platforms, and ensure that it aligns with the overall quality and standards of the company’s offerings.

User Agreement

Eligibility Criteria for Members

To be eligible to use OnYourMark(et), members must meet certain criteria including, but not limited to, being at least 18 years of age and having the legal capacity to enter into binding agreements. Members must provide accurate and truthful information during the registration process, ensuring they fulfill all prerequisites for participation on the platform.

Registration and Account Setup Requirements

OnYourMark(et), owned and operated by The Pedowitz Group, grants members a non-exclusive, non-transferable license to use the OnYourMark(et) portal in accordance with the terms set forth in this user agreement. Members are required to complete a registration process to create an account on OnYourMark(et). This involves providing personal information such as name, email address, and other relevant details. Once registered, members must set up a secure password and adhere to all prescribed security protocols to safeguard their account. The process ensures that each user’s identity is verified and that their account is protected from unauthorized access.

User Responsibilities and Conduct

Members agree to engage with OnYourMark(et) in a responsible and ethical manner. This includes adhering to all terms of service, respecting the intellectual property rights of OnYourMark(et) and other members, and refraining from any actions that could harm the platform or its community. Members must ensure that their activities enhance the user experience, fostering a positive and respectful environment for all members.

Prohibited Activities and Misuse

Certain activities are strictly forbidden on OnYourMark(et). These include, but are not limited to, the distribution of harmful or malicious software, engaging in fraudulent activities, harassing or threatening other members, and any form of intellectual property infringement. Members must not use the platform for any illegal purposes or in ways that violate the terms of service. OnYourMark(et) reserves the right to investigate and act against any user found to be engaging in prohibited activities.

Account Termination and Suspension Terms

OnYourMark(et) reserves the right to terminate or suspend a user's account if they violate any terms of service or engage in prohibited activities. Termination and suspension can be temporary or permanent, depending on the severity of the violation. Members will be notified of the reasons for the action, and they may be given an opportunity to rectify the issue, depending on the nature of the violation.

Process for Reporting Violations

Members who encounter any violations of the terms of service are encouraged to report these issues through designated reporting mechanisms. OnYourMark(et) provides clear channels for members to submit complaints or report misconduct. All reports will be reviewed promptly, and appropriate actions will be taken to address any verified violations. The reporting process is crucial for maintaining the integrity and safety of the platform.

Consequences of Non-Compliance

Non-compliance with OnYourMark(et)'s terms of service can result in various consequences, including warnings, account suspensions, or permanent bans. Depending on the nature and severity of the violation, further legal actions may also be pursued. Ensuring compliance with the terms of service is essential for upholding the community standards and fostering a trustworthy environment for all members.

Privacy Policy

Types of Data Collected and Collection Methods

OnYourMark(et) collects various types of data to enhance the user experience and ensure the platform's robust functionality. This includes personal data such as names, email addresses, and payment information provided during the registration process. Additionally, technical data such as IP addresses, browser types, and usage patterns are collected through cookies and tracking technologies. We may also gather interaction data from user activities on the platform, including preferences and behavioral insights.

Purposes for Data Collection

The primary purposes for data collection at OnYourMark(et) include improving user experience, personalizing content, and enhancing platform security. Collected data helps tailor the services to meet individual user needs, facilitates efficient communication, and supports the development and deployment of new features. Additionally, data is used to analyze trends, monitor compliance with terms of service, and safeguard against fraudulent or malicious activities.

Data Storage and Security Measures

OnYourMark(et) implements stringent data storage and security measures to protect user information. Data is stored in secure servers with robust encryption protocols, ensuring that unauthorized access is prevented. Regular security audits and updates ensure that our protection measures align with the latest industry standards. Access to personal data is restricted to authorized personnel only, and all handling of data complies with relevant legal and regulatory requirements.

User Rights Regarding Their Data

Members of OnYourMark(et) have specific rights regarding their data, including the right to access, correct, and delete their personal information. Members can request a comprehensive report of the data we hold about them, propose corrections to any inaccuracies, and seek the deletion of their data under certain conditions. These rights ensure members maintain control over their personal information and its usage.

Procedures for Data Access, Correction, and Deletion

To exercise their rights, members can contact OnYourMark(et) through designated channels for data requests. Upon verification of identity, members will be provided with access to their personal data, and they can request corrections or deletions as needed. OnYourMark(et) ensures that all requests are processed promptly, and necessary actions are taken to uphold user rights. Our procedures ensure transparency and accountability in the handling of user data.

Third-Party Data Sharing and Disclosures

OnYourMark(et) may share user data with third-party service providers for operational and analytical purposes. These providers are contractually obligated to ensure data protection and confidentiality, using the data solely for the purposes specified by OnYourMark(et). Additionally, data may be disclosed to comply with legal obligations or to protect OnYourMark(et)’s rights. Any data sharing with third parties is conducted transparently and in line with privacy commitments.

Compliance with GDPR, CCPA, and Other Regulations

OnYourMark(et) is committed to complying with the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant privacy regulations. Our privacy policy and data practices are designed to meet the stringent requirements set forth by these regulations, ensuring the protection of personal data, transparent data usage practices, and the empowerment of user rights. Regular reviews and updates are conducted to maintain compliance with evolving legal standards.

Compliance and Regulatory Requirements

Overview of Applicable Local, State, and Federal Laws

OnYourMark(et) operates in strict adherence to applicable local, state, and federal laws to ensure lawful business practices and protect user interests. This includes compliance with data protection regulations, consumer protection laws, and other legal requirements pertinent to our operations. Adhering to these laws guarantees that we operate with integrity and transparency across all jurisdictions.

Industry-Specific Regulations and Standards

In addition to general legal requirements, OnYourMark(et) complies with industry-specific regulations and standards relevant to our sector. This includes regulations pertaining to e-commerce, digital marketing, information security, and intellectual property. Ensuring compliance with these standards enhances our credibility, fosters trust among members, and upholds the industry's best practices.

Internal Compliance Procedures

OnYourMark(et) has established comprehensive internal compliance procedures to uphold regulatory requirements and mitigate potential risks. These procedures include regular training for employees, stringent documentation practices, and the implementation of internal controls to detect and prevent violations. Our dedicated compliance team ensures that all activities align with legal and regulatory standards.

Monitoring and Regular Audits

Continuous monitoring and regular audits are integral to OnYourMark(et)'s compliance strategy. We conduct routine assessments of our operations to identify and address compliance issues promptly. These audits help verify adherence to regulations, evaluate the effectiveness of internal controls, and make necessary adjustments to our compliance framework.

Penalties for Non-Compliance

Non-compliance with applicable laws and regulations can result in severe penalties, both for the company and individual employees. Penalties may include fines, sanctions, and legal actions that can impact our operations and reputation. OnYourMark(et) is committed to enforcing compliance to avoid such repercussions and maintain our standing as a responsible entity.

Reporting Mechanisms for Compliance Issues

OnYourMark(et) provides clear and accessible reporting mechanisms for compliance issues. Employees and members can report any suspected non-compliance or unethical practices through designated channels. Reports are reviewed confidentially, and appropriate actions are taken to address verified issues. These reporting mechanisms ensure transparency and accountability, reinforcing our commitment to regulatory compliance.

Dispute Resolution

Initial Complaint and Resolution Process

At OnYourMark(et), we are committed to resolving disputes amicably and efficiently. Members are encouraged to initially express any complaints through our designated customer service channels. Our team is trained to handle and resolve issues in a timely manner, aiming for a mutually satisfactory outcome. If a complaint cannot be resolved informally, members will be provided with information on how to proceed with a formal dispute resolution process.

Arbitration Agreement

By using OnYourMark(et), members agree that any unresolved disputes will be resolved through binding arbitration. This arbitration agreement means that members and OnYourMark(et) waive the right to a court trial or to participate in class actions. The arbitration will be conducted under the rules of a recognized arbitration body, and the arbitrator's decision will be final and binding.

Jurisdiction and Applicable Laws

The arbitration process will be governed by the laws of the jurisdiction in which OnYourMark(et) operates, without regard to its conflict of laws principles. This ensures that all proceedings are conducted under a consistent legal framework, providing predictability and fairness in the resolution process.

Cost and Fee Structures for Dispute Resolution

The costs and fees associated with dispute resolution, including arbitration, will be shared by both parties. OnYourMark(et) strives to keep these costs reasonable. In certain cases, fee waivers or reductions may be available based on the user's financial circumstances. Each party will bear its own legal fees, including attorney fees, unless otherwise determined by the arbitrator.

Confidentiality Provisions

All arbitration proceedings, including but not limited to any documents, evidence, and awards, shall remain confidential. Both parties agree not to disclose any information related to the arbitration to third parties, except as is necessary to enforce the arbitration award or as required by law. This confidentiality clause protects the privacy of the individuals involved and maintains the integrity of the arbitration process.

Finality and Binding Nature of Arbitration Decisions

The arbitrator's decision will be final and binding on both parties, with limited rights to appeal. This ensures that disputes are conclusively resolved, providing certainty and finality. Compliance with the arbitrator's decision is mandatory, and any non-compliance may result in enforcement actions taken through appropriate legal channels. This binding nature underscores our commitment to a fair and decisive resolution process.

Warranties and Guarantees

Detailed Description of Any Applicable Warranties

The warranty provided herein is by The Pedowitz Group for the OnYourMark(et) product. Members must adhere to all guidelines to maintain warranty coverage. OnYourMark(et) offers a limited warranty for its services, ensuring that they will perform substantially as described in our official documentation and promotional materials. This warranty covers any defects in functionality or significant deviations from stated service descriptions that occur under normal usage conditions.

Conditions for Warranty Eligibility

To be eligible for warranty coverage, members must use OnYourMark(et) services in accordance with the terms outlined in our user agreement and within the stipulated usage guidelines. Members must register their accounts and provide accurate information at the time of registration to qualify for any warranty claims.

User Responsibilities for Maintaining Warranty

Members are responsible for maintaining the functionality and integrity of their own systems and equipment that interact with our platform. This includes ensuring that their devices meet the minimum system requirements and that all software used is updated to compatible versions. Additionally, members must follow our recommended best practices and guidelines for using OnYourMark(et) services.

Exclusions from Warranty Coverage

The warranty does not cover damages or issues arising from misuse, unauthorized modifications, or failure to adhere to usage guidelines. Additionally, any loss of data, indirect damages, or third-party actions are excluded from warranty coverage. Situations arising from force majeure events such as natural disasters, cyber-attacks, or other external factors beyond our control are also not covered.

Procedures for Warranty Claims and Processing

To initiate a warranty claim, members must notify OnYourMark(et) customer support within thirty (30) days of identifying a defect or issue. The notification should include detailed information about the problem, any troubleshooting steps taken, and relevant documentation or screenshots. Once the claim is received, our team will investigate and verify the issue, providing a response or resolution within a reasonable timeframe.

Limitations and Terms of Guarantees

Our guarantees are subject to the limitations and terms set forth in this agreement. Any implied warranties or guarantees, including those of merchantability or fitness for a particular purpose, are limited to the duration of the expressed warranty period. OnYourMark(et)’s liability under any guarantee is limited to the rectification of the service issue or, if such rectification is deemed impractical, a partial or full refund of the service fees paid. These warranty and guarantee provisions are designed to provide members with a clear understanding of the protections offered while outlining the responsibilities and limitations associated with such coverage.

Refund and Cancellation Policies

OnYourMark(et)’s refund and cancellation policies are enforced by The Pedowitz Group. Any refund requests or cancellations will be handled in accordance with our policies, as described below.

Conditions and Process for Obtaining Refunds

OnYourMark(et) understands that situations may arise where a refund is necessary. Members may request refunds for services that fail to meet the stipulated terms at the time of purchase or under specific conditions outlined in this policy. To initiate a refund request, members must contact customer support with their order details, including the reason for the request, within thirty (30) days of the original transaction. Our team will review the request and respond with a decision or additional instructions within a reasonable timeframe.

Subscription Cancellation Procedures

Members who wish to cancel their ongoing subscriptions must do so before their next billing cycle. Cancellation can be handled through the user’s account settings or by contacting customer support. Upon cancellation, services will continue until the end of the current billing period, after which the subscription will not renew. No further charges will be applied, but refunds for unused portions of the subscription period are not provided.

Timeframes for Processing Refunds

Refunds will be processed promptly upon approval. Generally, it may take up to ten (10) business days for the refund to be credited back to the user’s original payment method. Processing times can vary based on the payment provider or financial institution involved. Members will receive confirmation once their refund is processed.

Communication Channels for Refund/Cancellation Requests

Members can submit a cancellation request through various communication channels provided by OnYourMark(et). This includes the customer support email, and the support form available on our website. Clear and accessible reporting mechanisms ensure that members can easily reach out to our support team to address their concerns.

Changes to Terms and Conditions

Rights to Amend Terms and Conditions

The Pedowitz Group reserves the right to amend, modify, or revise these Terms and Conditions for the use of OnYourMark(et). Changes will be communicated through multiple channels, including email notifications, in-app alerts, and updates on our website. Such changes are essential to ensure that our policies remain relevant and up to date with evolving legal requirements and business practices.

Process for Notifying Members of Changes

Members will be notified of any changes to the Terms and Conditions through multiple channels, including email notifications, in-app alerts, and updates on our website. A summary of the key changes will be provided to ensure members understand the amendments.

Timeframes for Implementing Changes

Changes to the Terms and Conditions will become effective no sooner than thirty (30) days after notification unless immediate implementation is required by law. This provides members with adequate time to review and understand the updates.

User Acceptance of New Terms

Continued use of OnYourMark(et) services following the notification period constitutes acceptance of the new Terms and Conditions. Members who do not agree with the changes must cease using the platform and may request account termination.

Procedures for Members to Object to Changes

Members who object to any modifications of the Terms and Conditions must notify OnYourMark(et) in writing within the thirty (30) day notification period. Objections should clearly state the user's concerns and provide any relevant supporting information. OnYourMark(et) will review and address these objections on a case-by-case basis.

Record-Keeping of Changes and User Consents

OnYourMark(et) will maintain comprehensive records of all amendments to the Terms and Conditions, including the dates of changes and details of user notifications. Records of user consent and any objections will also be meticulously documented to ensure transparency and compliance with regulatory requirements.